Extract from The Guardian website:
Lawyers and campaigners rail against Tim Carmody's decision to personally deal with all contested bail cases
Queensland's chief magistrate has ignited a row with lawyers and civil rights campaigners by putting himself in charge of all disputed bail applications by accused bikies.
Chief magistrate Tim Carmody has issued a directive that all contested applications for bail be reserved for him and that he will hear no more than two a day.
The Queensland government and judiciary have been warring over a number of bikie cases after parliament passed new laws with a presumption against bail for criminal gang members.
However, bail has been granted to several bikies after police failed to convince magistrates they were gang members.
Carmody's directive has been criticised by the Queensland Bar Association.
President Roger Traves has urged him to reconsider, saying cases of a particular type should not be heard by one person.
"The principles of fairness and equality before the law are best served by the court as a whole dealing with these applications, not a designated judicial officer," he said.
Queensland Council for Civil Liberties president Michael Cope says the unprecedented edict may be unlawful.
"It is clearly going to lead to people being held in custody for a long period of time, in breach of the obligation in the law that they be brought before a magistrate forthwith and their case for bail heard," he said.
Carmody, who is a former policeman, was appointed chief magistrate in September.
The post is appointed by the state governor on the advice of cabinet.
Carmody's directive, dated 4 November, says it applies to any contested bail application not yet set down for hearing.
It says the main objective is to ensure all applications proceed without delay but also says the move should cut costs for the Office of the Director of Public Prosecutions and ensure "security for all".
Attorney general Jarrod Bleijie has declined to comment.
Queensland University of Technology senior law lecturer Dr Nigel Stobbs says Carmody's direction could give the impression he lacked faith in Queensland's magistrates.
He said that holding people in custody while waiting for a bail hearing was unjust.
"People have the right under our system to immediate or early access to justice," he told ABC radio. "To imprison them without just cause just goes against the grain of everything we hold to be just in our system."
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